FDCPA
Fair Debt Collection Practices Act
According to the Federal Trade Commission, the debt collection industry garners more complaints than any other industry, and they have increased enforcement efforts. In 2015, the FTC began coordinating federal, state and local initiatives and resolved numerous cases, winning judgments against those who ran afoul of the law. The Fair Debt Collection Practice Act outlines specific laws under which debt collectors must operate. In order to protect consumers, it prohibits abusive, unfair and deceptive practices during collection efforts.
- Making false claims
- Calling at obscure times
- Attempting to collect on debts that invalid
- Threatening to arrest or take other legal action
Things to Know
Debt collectors aren’t legally allowed to try to fool you into making payments or handing out your information. Every call, they need to begin by informing you who they are and that the goal of their call is to try to collect a debt. If they leave a message, they must include this information. It’s vital to realize that only the debt collectors are allowed to disclose this information to you, not to any third parties. If a debt collector may talk to your boss, spouse or anyone else, but he or she can only ask for your contact information, nothing about the debt you owe is to be mentioned. Because of this, debt collectors will often not leave voicemails. If a debt collector leaves a voicemail and someone else hears it, it may be considered a violation of these disclosure laws.
Dealing with Debt Collectors
Creditor harassment can cause you an array of problems from stress to bankruptcy. You don’t have to live with it. If you’re experiencing creditor harassment, we are here to help. Once you obtain legal representation, the calls will stop. The FDCPA does not allow creditors to continue to contact debtors about unpaid debts as long as they have legal representation. We can help you with communications with your creditors so that you can once again be stress-free.
